Carlson faces an array of charges in fatal shooting

Friday

Oct 25, 2013 at 2:00 AM

GOSHEN — An Orange County grand jury on Thursday indicted David Carlson, 42, of Sparrowbush, on charges of second-degree murder, first- and second-degree manslaughter and criminally negligent homicide, all felonies, and misdemeanor weapon possession.

BY HEATHER YAKIN

GOSHEN — An Orange County grand jury on Thursday indicted David Carlson, 42, of Sparrowbush, on charges of second-degree murder, first- and second-degree manslaughter and criminally negligent homicide, all felonies, and misdemeanor weapon possession.

Carlson was charged with fatally shooting Norris Acosta-Sanchez, 35, of Rockland County, on Oct. 11 while trying to escort him to a neighbor's home to call 911. Acosta-Sanchez, who had been staying at a vacant cabin on Old Plank Road near Carlson's home, was wanted by Ramapo police on rape charges. Deerpark police had tried unsuccessfully to take him into custody in the preceding days, at times enlisting Carlson's help, according to his lawyers.

The charges reflect different legal theories of the shooting, based on different mental states. The murder count is an intentional charge. The first-degree manslaughter charge involves causing someone's death while intentionally causing injury. The second-degree manslaughter involves causing someone's death recklessly, by knowingly and unreasonably disregarding an unjustifiable risk. Criminally negligent homicide involves causing death through a failure to perceive a substantial risk that a reasonable person would observe in that situation.

"In charging four different mental states for the same act, they undermine the credibility of their case," said one of Carlson's lawyers, Benjamin Ostrer of Ostrer and Hoovler in Chester.

Ostrer and his co-counsel, David Wallace of Montague, N.J., maintain that Carlson is innocent of all charges. Carlson has significant support among neighbors and community members who believe he acted in self-defense.

Carlson is free on $100,000 bond, pending arraignment Monday in Orange County Court.